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Read Intellectual Property Law updates, alerts, news, and legal analysis from leading lawyers and law firms:
Porter Hedges LLP

United States v. Arthrex: Power Given To PTAB Patent Judges “Incompatible” With Their Appointment

Porter Hedges LLP on

The much-awaited U.S. Supreme Court’s decision in United States v. Arthrex, Inc. issued on June 21, 2021 and held that PTAB judges’ power to issue final determinations for the executive branch in IPRs was “incompatible” with...more

Weintraub Tobin

Supreme Court Finds PTAB Judges Unconstitutional

Weintraub Tobin on

In U.S. v. Arthrex, case number 19-1434; Smith & Nephew v. Arthrex, case number 19-1452; and Arthrex v. Smith & Nephew, case number 19-1458, the Supreme Court of the United States recently held that Patent Trial and Appeal...more

White & Case LLP

The US Supreme Court Fixes Constitutional Defect in the AIA by Making PTAB Decisions Reviewable by the USPTO Director

White & Case LLP on

On June 21, 2021, the US Supreme Court issued its decision in Arthrex, Inc. v. Smith & Nephew, Inc., No. 19-1434. The Court found that the provisions of the America Invents Act establishing inter partes review proceedings...more

Fish & Richardson

What to Know about the Supreme Court’s Arthrex Decision

Fish & Richardson on

On Monday, the Supreme Court issued its decision in three related appeals popularly called Arthrex. We previously published an alert with a summary of the different opinions in that decision. This alert focuses more on...more

Mintz - Intellectual Property Viewpoints

Fast Track to Justice for Trade Secret Theft at the ITC: New Senate Bill Would Expand ITC Authority to Curtail Trade Secret Theft...

Amid the continuing threat to U.S. intellectual property rights posed by foreign actors, the International Trade Commission (ITC) is poised to become the latest federal agency to bolster protections for U.S. IP owners. The...more

Jones Day

Arthrex: Unreviewable APJ Authority Incompatible with Appointments Clause

Jones Day on

In United States v. Arthrex Inc., the U.S. Supreme Court agreed with the Federal Circuit that the pre-Arthrex Patent Trial and Appeal Board (PTAB) regime of Administrative Patent Judge decisions being insulated from executive...more

Fish & Richardson

Supreme Court Issues Opinion in U.S. v. Arthrex

Fish & Richardson on

In U.S. v. Arthrex, Inc. (19-1434); Smith & Nephew, Inc. v. Arthrex, Inc. (19-1452); and Arthrex, Inc. v. Smith & Nephew, Inc. (19-1458), a splintered Supreme Court agreed with the Federal Circuit that there is a problem at...more

McDermott Will & Emery

Second Circuit Rejects FTC Challenge of 1-800 Contacts, Highlighting Procompetitive Trademark Policy

McDermott Will & Emery on

The US Court of Appeals for the Second Circuit vacated a final order of the Federal Trade Commission (FTC), which had found that agreements to refrain from bidding on keyword search terms for internet advertisements violated...more

McDermott Will & Emery

Diehr Alice, Yu are Superimposing Novelty onto Patent Eligibility. Love, Newman.

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit affirmed the district court’s grant of a Rule 12(b)(6) motion to dismiss on the basis that, under the two-step Alice analysis, the patent claims—directed to a digital...more

Morrison & Foerster LLP - Federal Circuitry

Early Hints About What Happens Next After Arthrex

Now that we have the Supreme Court’s big decision in Arthrex, which we wrote about here, many of us are wondering what the next steps will look like. We may know sooner rather than later. Today, the Federal Circuit issued a...more

Foley Hoag LLP

Supreme Court in United States v Arthrex Salvages Administrative Patent Judge Statute, Declares PTO Director Can Review Final...

Foley Hoag LLP on

The Constitution’s Article II “Appointments Clause” requires the President, with the advice and consent of the Senate, to appoint “officers” of the United States. In United States v. Arthrex, Inc., the Supreme Court reviewed...more

Haug Partners LLP

Federal Circuit Clarifies the Scope of Its Jurisdiction Over Walker Process Antitrust Claims in Chandler. v. Phoenix Services LLC

Haug Partners LLP on

On June 10, 2021, the Federal Circuit issued a precedential order in Chandler v. Phx. Servs. LLC, No. 2020-1848 (Fed. Cir. Jun. 10, 2021) that clarified the scope of its jurisdiction over Walker Process1 claims of...more

Foster Garvey PC

Sports & Entertainment Spotlight: What the Supreme Court Ruling in Alston v. NCAA Means for the Future of College Sports

Foster Garvey PC on

“The NCAA is not above the law.” Those seven words capped Justice Brett Kavanaugh’s searing concurring opinion issued in connection with Monday’s (June 21) unanimous (9-0) U.S. Supreme Court ruling in Alston v. National...more

Morgan Lewis

Supreme Court Preserves PTAB But Requires USPTO Director Discretionary Review of PTAB Decisions

Morgan Lewis on

The US Supreme Court issued its highly anticipated decision on June 21 in United States v. Arthrex, Inc., addressing whether the authority of administrative patent judges (APJs) of the Patent Trial and Appeal Board (PTAB) to...more

McDermott Will & Emery

What Does it Take to Plead Trade Secret Misappropriation Under the DTSA?

McDermott Will & Emery on

Addressing the pleading standard under the Defend Trade Secrets Act (DTSA) and New Jersey Trade Secrets Act (NJTSA), the US Court of Appeals for the Third Circuit vacated the district court’s dismissal of a third amended...more

McDermott Will & Emery

Federal Circuit Lacks Appellate Jurisdiction over Standalone Walker Process Claims

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit ordered the transfer of a case asserting standalone Walker Process antitrust claims involving an unenforceable patent to the regional circuit, in this case the US Court of...more

Goodwin

Supreme Court Issues Decision in United States v. Arthrex, Inc.

Goodwin on

In the long-awaited decision in United States v. Arthrex, Inc., the U.S. Supreme Court confirmed that the Patent Trial and Appeal Board is unconstitutionally structured, but held that the correct remedy is more limited than...more

Rothwell, Figg, Ernst & Manbeck, P.C.

In United States v. Arthrex, the Supreme Court Delivers A Seemingly Simple Solution That May Prove More Complicated in Practice

This week, in United States v. Arthrex, Inc., the Supreme Court vacated and remanded a decision by the Court of Appeals for the Federal Circuit (“the CAFC”), holding that the administrative patent judges (“APJs”) at the...more

Pillsbury Winthrop Shaw Pittman LLP

Arthrex: Supreme Court Punts to the PTO on First Down

The Supreme Court rules that Administrative Patent Judges exercise power that conflicts with the design of the Appointments Clause. Administrative Patent Judges are inferior officers because they are appointed by the...more

Snell & Wilmer

Home of the Free, Land of the Waive? Patent Waivers in the Time of COVID-19

Snell & Wilmer on

Over a year after the world shut down from the COVID-19 pandemic, many countries are beginning to see the light at the end of the tunnel that is a return to normalcy. Unfortunately, other countries are still deep in the...more

Jones Day

JONES DAY TALKS®: 75 Years of the Lanham Act and Changes in U.S. Trademark Law

Jones Day on

Signed into law in July of 1946, the Lanham Act has, for 75 years, governed U.S. trademark, servicemark, and unfair competition matters. In this edition of the Jones Day Talks Women in IP series, Meredith Wilkes, Anna Raimer,...more

Jones Day

Arthrex: Unreviewable APJ Authority Incompatible with Appointments Clause

Jones Day on

In United States v. Arthrex Inc., the U.S. Supreme Court agreed with the Federal Circuit that the pre-Arthrex Patent Trial and Appeal Board (PTAB) regime of Administrative Patent Judge decisions being insulated from executive...more

Proskauer - Minding Your Business

Honesty is the Best Policy: Federal Circuit Affirms Vacatur of Judgment Due to Material Misrepresentations

The United State Court of Appeals for the Federal Circuit recently affirmed a decision by the United States District Court for the Central District of California, setting aside a judgment and injunction in a patent...more

International Lawyers Network

Can Patent Claims be Held Indefinite for Failing to Disclose an Algorithm?

Suppose that you want to obtain a patent for an invention and, in your claims of the patent application, you recite terms as a structure with functional language or means-plus-function language. What if this language requires...more

Smart & Biggar

Federal Court quashes RUZURGI NOC and returns matter to the Minister of Health for redetermination

Smart & Biggar on

On May 31, 2021, the Federal Court quashed a decision of the Minister of Health (Minister) to issue Médunik Canada (Médunik) a Notice of Compliance (NOC) for its amifampridine product, RUZURGI, and sent the matter back to the...more

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Updated: Apr 27, 2021:

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Information for EU and Swiss Residents

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Changes in Our Privacy Policy

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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